Legislative Update on 10/21/25 Title Tuesday: Condominium's Obligation to Serve a 90-Day Notice to Foreclose on Common Charge Liens
As timing would have it and as pointed out to us by a couple of our valued readers, Governor Hochul executed very recent legislation (effective 10/16/2025) to amend Real Property Law § 339-aa, which now requires Condominium Boards seeking to foreclose on Common Charge Liens to provide notice to a unit owner “at least ninety days prior to the commencement of a foreclosure proceeding at the property address and any other address of record” (see attached Revised Real Property Law § 339-aa). The new legislation also requires that the notice “be in fourteen-point type and shall inform the owner that the board intends to file an action for foreclosure to enforce the lien and shall state the address of the property and the specific amount due.”
While RPAPL §1304 discussed in our 10/21/2025 Title Tuesday was not directly amended by this new legislation, the revisions to Real Property Law § 339-aa which became effective on 10/16/2025, effectively overturn the decision in Board of Mgrs. of the Lenox Ct. Condominium v. Kurtin, 233 AD3d 406 (2024) as Condominiums must now comply with the ninety (90) day prior notice requirement set forth in this new legislation in order to successfully proceed with a foreclosure of a Common Charge Lien notwithstanding the Appellate Court’s decision in that case.
Click the below link to review the revised legislation:
https://mcusercontent.com/684414a9e2c939c9532812949/files/c951731c-c331-ab45-bb3c-903a231c5150/Section_339_aa_Revised_10_16_2025.pdf
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